What happens to house if there is no agreement re finances

[Anna713]

What happens if my sons ex wife refuses to engage with any reasonable negotiations regarding financial order. He has spoken to a mediator, at her request, and it ended with his ex swearing at the mediator and slamming the phone down. The marital property is in his sole name and he has always paid the mortgage and all the bills. The child from the marriage lives with him and only very limited contact with her mother.He is willing to split the equity 50/50. Can he sell the house and keep half the remaining equity on one side to give to his ex. He is quite possibly entitled to more because he is responsible for his child. His ex wife earns about 2/3rds of what my sons earns.

He needs a solicitor.

Yes he needs a solicitor. However the property isn’t ‘in his sole name’ - they’re married.

@NeckolasCage I assume the OP mentioned the property is in her son’s name because that would appear to make it easier to sell (ie only he needs to be involved in the sales process).

OP, if he is resident parent then he should put in a claim for Child Support.

He should not just hand over 50% of the equity,

Why is the ex so angry about the mediation process?

Yes, he's married and is aware his wife is entitled to half the equity. However the mortgage is in his name only because her credit rating was terrible and no mortgage provider would agree to lend to her . He is receiving child benefit but no child maintenance from her as yet. No idea why she kicked off at the mediator. I suppose she didn't like what she was hearing. He knows he needs a solicitor, he just doesn't have the money at the moment but he will go to court if necessary.

My FMH was sold prior to settlement being agreed. The proceeds stayed in the solicitor's client account. Who is living in the house currently?

My son and his daughter .

She’s not entitled to half op

shes entitled to a fair share - which may be less than half ( or could be more )

he defo needs. Solicitor and force it to court if she won’t engage

And he should put in a cms claim immediately

I assumed that he wasn't in the house but if he is living there then what's the rush? The simplest thing to do is to instigate the devorce. They have tried and failed at mediation and now they need to to go to court, split assets and formalise child residence. Once the split of assets is agreed then the house can be sold or ex can be bought out.

But yes he should seek cms. Why hasn't he?

He actually can’t afford NOT to see a solicitor.

He has sought help through cms but its taking months. He is already divorced and he has a court order stating the child lives with him. There is no rush to sell the house really but she has occasionally turned up at the house and he has had to call the police to remove her which us terribly upsetting for his daughter. He wants to sell the house so that he and his daughter can have a fresh start.

Why is he resident parent with little contact for the mum OP?

Relevant as I presume this has a bearing on why/how she is unwilling to cooperate with him.

I don't want to go into too many details on a public forum NeckolasCage but I will say he has had lots of support from social services, the police and Fortalice. She will never cooperate with him. It is the little girl who suffers the most.